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California Health and Safety Code Section 11364.1

Legal Research Home > California Laws > Health and Safety Code > California Health and Safety Code Section 11364.1

11364.1.  (a) It is unlawful to possess an opium pipe or any device,
contrivance, instrument, or paraphernalia used for unlawfully
injecting or smoking (1) a controlled substance specified in
subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, specified in subdivision (b) or (c)
of Section 11055, or specified in paragraph (2) of subdivision (d)
of Section 11055, or (2) a controlled substance which is a narcotic
drug classified in Schedule III, IV, or V.
   (b) This section shall not apply to hypodermic needles or syringes
that have been containerized for safe disposal in a container that
meets state and federal standards for disposal of sharps waste.
   (c) As a public health measure intended to prevent the
transmission of HIV, viral hepatitis, and other bloodborne diseases
among persons who use syringes and hypodermic needles, and to prevent
subsequent infection of sexual partners, newborn children, or other
persons, this section shall not apply to the possession solely for
personal use of 30 or fewer hypodermic needles or syringes if
acquired from a physician, pharmacist, hypodermic needle and syringe
exchange program, or any other source that is authorized by law to
provide sterile syringes or hypodermic needles without a
prescription.
   (d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
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Last modified: March 17, 2014